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CONN v. WHITE DEER COAL CO.

No. 87-3982.

862 F.2d 591 (1988)

Dow CONN, Petitioner, v. WHITE DEER COAL COMPANY; Old Republic Companies; Office of Workers' Compensation Programs; United States Dept. Labor, Respondents.

United States Court of Appeals, Sixth Circuit.

Decided December 1, 1988.

Attorney(s) appearing for the Case

Albert A. Burchett (argued), Prestonsburg, Ky., for petitioner.

Kiernan F. Kilcullen, Kilcullen, Wilson & Kilcullen, Jeffrey J. Bernstein, Office of the Sol., U.S. Dept. of Labor, Barbara J. Johnson, Mark E. Solomons (argued), Arter & Hadden, Washington, D.C., Laura Metcoff Klaus, for respondents.

Before WELLFORD and BOGGS, Circuit Judges, and BROWN, Senior Circuit Judge.

PER CURIAM.

I.

This black lung appeal involves a challenge to a lengthy decision of an administrative law judge (ALJ) denying benefits, later affirmed by the Benefits Review Board (BRB). The record includes a plethora of conflicting medical evidence concerning all of the tests for both invocation and rebuttal of the interim presumption of total disability due to pneumoconiosis arising out of coal mine employment set forth in 20 C.F.R. § 727.203. In...

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